Travelling To The Schengen Space Without A Schengen Visa But With Uk Residence Card Of A Family Member Of A Eea National

[ayalgueru]

I was very surprised to know from my own embassy (spain) when I rang them to renew my wife's schengen visa, they told me she mighr not need a schengen visa to travel to spain is the holder of a UK issued Residence Card of a family member of a EEA National , which she is.

I just wondered how this really works, I think it has to do with implementation of Directive 2004/38/EC which some countries have and others have not. I have done some reserach online and results are inconclusive.

According to the lady in the spanish embassy it would be ok for my wife who is a holder of UK issued Residence Card of a family member of a EEA National to travel to spain withouth a schengen visa provided that I travel with her. I wonder how it works for other countries tho ,,, on the internet the greek and the dutch emabssy websites seem to indicate that she would be able to visit there schengen visa free but I am afraid that even tho this might be true it might involve a bit of a kerfuffle and lenghty explanation to the customs officer every time on arrival since they might not be aware of this.

Also some of the indicators seem to indicate that for her to travel in the schengen space with the UK residence card I, the EU citizen would need to apply for registration certificate which I have never bothered with since I do not need it.

Does anyone know how this really works

thanks !

[7by7]

Does your wife hold a 5 year residence card or a permanent one?

As I understand it, if she has a 5 year card she does need a visa to enter the Schengen area with you, but if she holds permanent residence in an EEA member state (e.g. the UK) she does not.

However, there is some confusion, as you say, over this and different states may view this in different ways. To be sure you should check with the embassy of the state concerned.

[ayalgueru]

Does your wife hold a 5 year residence card or a permanent one?

As I understand it, if she has a 5 year card she does need a visa to enter the Schengen area with you, but if she holds permanent residence in an EEA member state (e.g. the UK) she does not.

However, there is some confusion, as you say, over this and different states may view this in different ways. To be sure you should check with the embassy of the state concerned.

thanks ,,, !

She has the 5 years card, but at no point I have been told/seen on the embassies that the permanent one is required, in fact when I spoke to the Lady in the spanish embassy I told her she has the 5 year one ,,,

Also the netherlands embassy has got as an example a picture of what it looks like a 5 years residence card

http://www.netherlands-embassy.org.uk/pass.../index.php?i=56

then again who knows ,,,

but in some places they mention the need for me to have this "registration certificate" but I am not sure if this would be mandatory or not ,,, the whole thing confuses the hel_l out of me ,,, may be just better bite the bullet and go through the process of getting a schengen visa ...

[Bukseeda]

How does it work with the two year residence permit that you get with FLR?

[7by7]

She has the 5 years card, but at no point I have been told/seen on the embassies that the permanent one is required, in fact when I spoke to the Lady in the spanish embassy I told her she has the 5 year one ,,,

All the info I have seen is that the non-EEA partner needs to have permanent residence; which a 5 year card isn't. But, it does seem that different member states apply the rules differently; so much for unity!

but in some places they mention the need for me to have this "registration certificate" but I am not sure if this would be mandatory or not

As it's not mandatory for you to have a registration certificate to exercise your treaty rights, I don't see how it could be mandatory for you to have one so your wife can exercise hers. But it does seem that different member states.......

may be just better bite the bullet and go through the process of getting a schengen visa ...

Maybe, after all it is free. Although if you just want it for Spain and the Spanish embassy have told you she doesn't need one.........

How does it work with the two year residence permit that you get with FLR?

FLR is definitely not counted as permanent residence, so a Schengen visa would be required.

ILR? Debatable. See this topic for more.

[Eff1n2ret]

Extract from UKBA's European Casework Directorate Instructions:-

"5.12 Issuing a Residence Card

Once the relevant checks detailed above have been completed the caseworker may issue a Residence Card if they are satisfied that the third country national is related to the EEA national and that the EEA national is exercising a Treaty right.

Residence Cards are issued with a validity of 5 years.

Residence Cards take the form of a vignette endorsement place in the non-EEA national’s passport or on an immigration status document (ACD.2150) if no passport is available."

If the OP's wife has the vignette referred to in her passport she may travel within the EU without a visa.

Sorry, I should have also added the relevant wording from the 2004 EU Directive:-

"(8) With a view to facilitating the free movement of family members who are not nationals of a

Member State, those who have already obtained a residence card should be exempted from

the requirement to obtain an entry visa within the meaning of Council Regulation (EC)

No 539/2001 of 15 March 2001 listing the third countries whose nationals must be

in possession of visas when crossing the external borders and those whose nationals are

exempt from that requirement 1 or, where appropriate, of the applicable national legislation."

Edited April 17, 2010 by Eff1n2ret

[erikr_]

Extract from UKBA's European Casework Directorate Instructions:-

"5.12 Issuing a Residence Card

Once the relevant checks detailed above have been completed the caseworker may issue a Residence Card if they are satisfied that the third country national is related to the EEA national and that the EEA national is exercising a Treaty right.

Residence Cards are issued with a validity of 5 years.

Residence Cards take the form of a vignette endorsement place in the non-EEA national’s passport or on an immigration status document (ACD.2150) if no passport is available."

If the OP's wife has the vignette referred to in her passport she may travel within the EU without a visa.

Sorry, I should have also added the relevant wording from the 2004 EU Directive:-

"(8) With a view to facilitating the free movement of family members who are not nationals of a

Member State, those who have already obtained a residence card should be exempted from

the requirement to obtain an entry visa within the meaning of Council Regulation (EC)

No 539/2001 of 15 March 2001 listing the third countries whose nationals must be

in possession of visas when crossing the external borders and those whose nationals are

exempt from that requirement 1 or, where appropriate, of the applicable national legislation."

Just some practical experience instead of the theory:

My Thai Wife and myself used to live in the UK

She has the residence card as spouse from an eea national (I am dutch)

In june 09 we travelled from UK to France, and except the lack of knowledge at the border officials, she was allowed entry on her residence card only (5 years)

This march (after a stay in Thailand) she rejoined me in Paris (I moved for work to Paris) and she was allowed access in France without visa again based on her Residence card from the UK

The information can be found on the french embassy website of the UK under requirements for family members of EEA nationals

It is my understanding that several schengen countries start applying the rules as intended but not all yet